Research On The System Of Debt Commitment

Along with the development of commodity economy, the practice of coexistence of the liability system of the application of more and more, but coexist liability system in our country is not covered by the legal system of most countries（regions） in the world also have no legislation, but in some countries（regions） in theory and practice is recognition of the system. Coexist in the judicial practice, the frequency of more and more high, for debts and our country law is not clearly defined, so blank in legislation and application will lead to the emergence of more and more contradictions and dilemmas encountered in such cases, since there is no clear legal regulations, laws and regulations can only be based on subjective judgment decision, so will appear different judgment standard, lead to the emergence of a variety of the verdict, cause the judicial confusion. In the face of such situation, this article through to the other countries（regions） for reference and according to our country national condition, the debt of the coexistence of relevant theoretical study, construct and perfect our country in the theory and legislative practice of liability system. In this paper, we use the empirical analysis, logical analysis, comparative research and research methods such as literature research, and is divided into four parts to discuss the system:The first part is mainly the introduction part, a case is introduced, and analysis the case and controversy, some problems in the practice of combining, borne by case leads to the coexistence of debt the existing difficulties and contradictions.Second part namely chapter 2, this paper introduces the basic theory of the responsibility for debts, make its have to coexist in debt for the understanding of a system, mainly introduced for debts of the concept, characteristics, classification, and coexist elements of liability for debts of the type of agreement, focus on analysis of the nature of the liability, the academic circles to coexist in debt for the nature of the controversial, by analyzing the controversy, to choose and find suitable liability system of our country coexist.The third part mainly is the coexistence of debt compared with similar system related to distinguish, and compares the Germany, Italy, Japan, Chinese Taiwan coexist liability system, for your reference.The fourth part is mainly combined with the former three parts, this paper on the theory and legislation of our country coexist of liability system build and perfect Suggestions are put forward.